Genuine reason for unfair dismissal

Employers must have a genuine reason for dismissing an employee. Employees should be notified in writing of the specific allegation and likely consequences. Employers need to specify which clauses of the employment agreement have allegedly been breached, and all evidence the employer relied on must be disclosed.

If an employer puts pressure on you as an employee to resign and threatens dismissal, or makes your work situation intolerable, that would be classed as a forced resignation or a constructive/unfair dismissal situation.

As an employee, you may have grounds for a personal grievance if you have been forced to resign or dismissed without good reason and the process was unfair.

Sufficient evidence for unfair dismissal

There must be sufficient evidence for dismissal and both parties to an employment agreement must act in good faith. Employers and employees are required by law to actively and constructively maintain a productive relationship that is responsive and communicative.

If an employer is reviewing the continuation of an employee’s employment, they must allow the employee to access relevant evidence and information and give them an opportunity to comment before a decision is made.

If an employee has been unfairly treated as part of a dismissal process at your work, then there may be a case for employment discrimination and a personal grievance claim.

Employer’s legal obligations dealt with by Wellington lawyers

For employers placed in the unfortunate situation of having to dismiss an employee from your business, Viv d’Or Employment Law can help you comply with your legal obligations.

Viv d’Or Employment Law can draft a written procedural guide should employers need to investigate an employee’s conduct that could result in disciplinary action or dismissal, as well as creating a grievance policy and procedure in case of a claim by any employee.

Employers must give the employee an opportunity to refute any allegations or to explain or mitigate their conduct within a reasonable timeframe.

Get in touch with the Wellington-based lawyers at Viv d’Or Employment Law to discuss your legal obligations around dismissal of employees or for advice about personal grievance claims, employment discrimination and redundancy procedures.